.

Teresa O. Sirianni

Portrait of Teresa O. Sirianni

Teresa is a strong advocate for her employment law, civil rights and municipal liability clients. In her role as an experienced litigator, Teresa represents school districts, school leaders, municipalities, police departments and various non-profit and corporate entities, in claims made and suits brought against them. She appears regularly in both the state and federal courts, representing clients in suits brought against them involving Section 1983 claims, Title VII actions, ADEA, ADA, FMLA and PHRA matters.

When called on to represent and defend school leaders and school districts, Teresa’s experience and understanding in education law serve her clients well. She represents all types of education clients with a focus on Special Education Law, Due Process Student Rights, Bullying and Anti-Bullying Policies and Educator Due Process.

In addition to her experience as a litigator, Teresa represents employers and other professionals in various administrative matters; before the Pennsylvania Labor Relations Board, the National Labor Relations Board, the Pennsylvania Human Relations Commission, the Equal Employment Opportunity Commission, and multiple other administrative units including the Pennsylvania Department of Education, the Office for Dispute Resolution, the Office for Civil Rights and the State Ethics Commission. Teresa also consults with employers, school leaders and various types of public entities on matters including auditing, updating and revising personnel manuals and educational policies.

A member of the Allegheny County Bar Association, Teresa is recognized among The Best Lawyers in America® for 2024 and 2025 in the areas of Litigation – Labor and Employment and was recognized as a Best Lawyer in 2025 in the area of Employment Law – Management. Notably, Teresa was also recently inducted as a Fellow of the Academy of Trial Lawyers of Allegheny County, a community of trial lawyers committed to improving the civil trial process, preserving the jury system and enhancing the quality of trial advocacy in Allegheny County. Fellows must have significant trial experience and exhibit the highest levels of ethical standards and professionalism.

Teresa is admitted to practice before the United States District Court for the Western District of Pennsylvania and all Pennsylvania state courts.

    • Thomas R. Kline School of Law of Duquesne University (J.D., 2002)
    • The Pennsylvania State University (B.S., 1995)
    • Pennsylvania, 2003
    • U.S. District Court Western District of Pennsylvania, 2003
    • The Best Lawyers in America©, Education Law (2026-2027)
    • The Best Lawyers in America®, Employment Law – Management (2025-2027)
    • The Best Lawyers in America©, Litigation – Labor and Employment (2024-2027)
    • Pennsylvania Super Lawyer Rising Star (2013)
    • Allegheny County Bar Association
    • Academy of Trial Lawyers of Allegheny County
    • A Primer on Pursuing and Defending Remedies and Damages, The Annual Allegheny County Bar Association's Labor and Employment Symposium, November 14, 2024
    • Employment Claims Involving Law Enforcement: Prepare to Defend, The Western Pennsylvania Chiefs’ of Police Association, November 19, 2021
    • Effective Practices for General Educators in Inclusive Classrooms, November 18, 2018
    • The Role of the General Educator in the Special Education Process, January 15, 2018
    • How A Student Can Make A Successful Return to School – Liabilities and Responsibilities – Concussion Presentation, February 28, 2014
    • Employment Liability in the Cyber Age, Marshall Dennehey / AIG Employment Seminar, Pittsburgh, PA, May 2, 2013
    • Employment in Crisis: Workplace Security & Lessons from the Sandusky Case, Marshall Dennehey, Erie, PA, October 11, 2012
    • Speaker on various topics involving employment claims and federal practice.
    • Successfully obtained a defense verdict following a jury trial in United States District Court for the Western District of Pennsylvania.  Plaintiff alleged ADA (disability) discrimination and retaliation, ADEA (age) discrimination and ERISA retaliation regarding the elimination of his position in April 2018.  Plaintiff’s position was eliminated for the legitimate and non-discriminatory or retaliatory reason of fulfilling full utilization of the company’s fleet of tankers. Following a three-day trial, including witness testimony from seven individuals, a panel of seven jurors unanimously returned a verdict in favor of our client, a regional trucking company.
    • Defense verdict for municipal employer against a former employee’s claims that he was terminated in violation of the FMLA.
    • Obtained summary judgment in federal court on behalf of a school district employer alleged to have violated the ADA when it terminated plaintiff’s employment in violation of various school policies.
    • Obtained an early dismissal of an employee’s breach of contract claim wherein the employee alleged that the employer terminated his employment in violation of a union contract despite the employee’s status as a probationary employee.
    • Successfully defended a police chief and municipal police department against plaintiff’s claims of violations of his procedural and substantive due process rights under the Fourteenth Amendment and claims of defamation and intentional infliction of emotional distress.  Obtained summary judgment on all of plaintiff’s claims following aggressive discovery.
    • Obtained a complete dismissal of plaintiff’s multiple civil rights claims on a motion to dismiss brought pursuant to the Fourth and Fourteenth Amendments and various other federal statutes against multiple police officers wherein Plaintiff claimed that the officers violated the knock and announce rule by not announcing their presence prior to entering plaintiff’s apartment and arresting him.
    • Summary judgment secured for a non-profit corporation against former employee’s claim of constructive discharge and allegations of disparate treatment, hostile work environment and retaliation.

Thought Leadership

Legal Updates for Special Education Law

Legal Update for Special Education Law – Case Law Update

July 1, 2025

U.S. Supreme Court Clarifies Standard for Disability Discrimination Claims in Education Under Section 504 and ADA A.J.T., by and through her parents, A.T., et al. v. Osseo Area Schools, Independent School District No. 279, et al., 605 U.S. --- , --- S. Ct. ---, 2025 WL 1657415 (June 12, 2025) In a ruling clarifying the rights of students with disabilities, the Supreme Court of the United States unanimously held that schoolchildren bringing claims under the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act are not required to show “bad faith or gross misjudgment” to recover damages related to educational services.  This case alleged that a school district refused to provide supplemental instruction during the early evening to a special education student with a rare form of epilepsy that prevented her from attending school until midday. The District Court concluded that the child was entitled to the instruction and compensatory education. In addressing the parents’ suit for money damages under Section 504 and the ADA, the Eighth Circuit Court of Appeals dismissed that claim because the parents had not established that the school district’s refusal amounted to bad faith or gross misjudgment.  The petitioner, A.J.T., a teenager with a rare form of epilepsy that severely limits her physical and cognitive functioning, suffers from seizures that are so frequent in the mornings that she cannot attend school before noon but is alert and able to learn between noon and 6 p.m. For the first few years of her schooling, A.J.T.’s school district accommodated her condition by providing her with afternoon and evening instruction and allowed her to avoid morning activities. In 2015, A.J.T.’s family moved, and her new school district, Osseo Area Public Schools, denied her parents’ request to provide evening instruction in A.J.T.’s IEP. This denial resulted in A.J.T. only receiving 4.25 hours of instruction per day as compared to the standard 6.5 hours of schooling received by nondisabled students in the district. A.J.T.’s parents filed an IDEA complaint with the Minnesota Department of Education, claiming a denial of FAPE. The administrative law judge ruled that the school district had violated the IDEA and ordered the school district to provide compensatory education and evening instruction. Federal courts affirmed the ruling, upholding the award of compensatory education under the IDEA. A.J.T. and her parents then sued the school district in the Federal District Court under the ADA and the Rehabilitation Act, requesting a permanent injunction, reimbursement of certain costs and compensatory damages. The District Court granted summary judgment to the school district. The Eighth Circuit affirmed the judgment, holding that a school district’s failure to provide a reasonable accommodation was not enough to state a prima facie case of discrimination as established by prior case law. In addition, the Eighth Circuit upheld a requirement that a plaintiff prove that school officials’ conduct rose to the level of bad faith or gross misjudgment in order to recover damages under either the ADA or the Rehabilitation Act. Certain other courts of appeal have also applied the same heightened standard as the Eighth Circuit, but not all. In reaching its decision resolving the split, the Supreme Court recognized that, outside of the educational services context, courts only require a “deliberate indifference” standard to obtain compensatory damages under the ADA and the Rehabilitation Act for intentional discrimination. However, the Court noted that the statutory remedial or substantive protections of Title II of the ADA or Section 504 of the Rehabilitation Act suggest that claims based on educational services should be subject to a more demanding standard. The Court further referenced the specific statutory language of the IDEA, which provides that nothing in the IDEA “shall be construed to restrict or limit the rights, procedures, and remedies available under” the ADA, the Rehabilitation Act, or other federal laws protecting disabling children’s rights, noting that a heightened standard of “bad faith or gross misjudgment” is irreconcilable with the unambiguous directive of this section of the IDEA. By imposing a heightened standard, the appeals court limited the ability of disabled schoolchildren to assert their independent rights under the ADA and the Rehabilitation Act, thereby making it more difficult to obtain remedies provided by Congress when it enacted this newer provision of the IDEA. Going forward, claims based on educational services brought pursuant to the ADA and the Rehabilitation Act should be subject to the same standards applied in other disability discrimination contexts.    Legal Update for Special Education Law – July 2025 is prepared by Marshall Dennehey to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. We would be pleased to provide such legal assistance as you require on these and other subjects when called upon. ATTORNEY ADVERTISING pursuant to New York RPC 7.1 Copyright © 2025 Marshall Dennehey, all rights reserved. No part of this publication may be reprinted without the express written permission of our firm. For reprints or inquiries, or if you wish to be removed from this mailing list, contact tamontemuro@mdwcg.com.

Legal Updates for Special Education Law

Legal Update for Special Education Law – Updates from the Pennsylvania Department of Education

June 1, 2024

Commonwealth Court voids Pennsylvania Department of Education’s newly imposed Age-Out Plan for failure to implement it in accordance with Pennsylvania Laws.* PSBA, Inc., et al. v. Dr. Khalid N. Mumin, Secretary of Education of the Pa. Dept. of Ed., et al., 2024 WL 2195545 (Pa. Cmwlth. May 16, 2024) On May 16, 2024, the Pennsylvania Commonwealth Court issued an en banc decision granting the petitioners’ Application for Summary Relief and denying the Pennsylvania Department of Education’s (PDE) cross Application for Summary Relief. In its petition, the petitioners asserted that the PDE illegally implemented a new regulation requiring Pennsylvania Local Educational Agencies (LEA) to provide a Free and Appropriate Education (FAPE) until a student’s 22nd birthday—rather than through the end of the school term in which the student reaches 21 years of age—otherwise known as the “Age-Out Plan.” More specifically, the petitioners—the Pennsylvania School Boards Association (PSBA) and three school districts across Pennsylvania—alleged the PDE did not follow the required rulemaking procedures to implement the new Age-Out Plan, which would have included public and timely notice prior to implementing the regulation. Without timely notice of the new Plan, the petitioners, including PSBA members, could not budget to account for the new, additional services to eligible students and, in turn, were required to educate students with unbudgeted funds. The lack of timely notice made the petitioners also ineligible for related funding. The Commonwealth Court sided with the PSBA and the school districts, finding that the New Age-Out Plan was a binding regulation with the effect of law, thus requiring the PDE to promulgate it in accordance with applicable Pennsylvania laws. Finding that the PDE did not do so, the Commonwealth Court ruled that the New Age-Out Plan was void ab initio and unenforceable. The underlying facts giving rise to the cross petitions were largely stipulated by the parties. In July 2023, a student, through his parents, filed a class action complaint in the Eastern District Court of Pennsylvania alleging that the PDE’s Age-Out Plan violated the Individuals with Disabilities Education Act (IDEA) by prematurely cutting off special education services of 21-year-old students. On August 30, 2023, the PDE entered into a settlement agreement with the student and his parents to end the litigation. In the settlement agreement, PDE agreed, beginning with the 2023–2024 school year, to change its Age-Out Plan expiration from the end of the school year in which a child with disabilities turns age 21 to his/her 22nd birthday.  The written settlement agreement specifically outlined the terms of the “New Age-Out Plan” providing that:  the PDE will rescind and cease implementing and enforcing the Age-Out Plan as it exists in its Model Policy at Section 300.101;  the PDE “has amended Section 300.101” to reflect that the IDEA requires Pennsylvania to provide a FAPE to children with disabilities until their 22nd birthday (New Age-Out Plan);  immediately upon execution of the settlement agreement, the PDE will implement, publish and enforce the New Age-Out Plan to be effective no later than September 5, 2023; and  the New Age-Out Plan will apply to all children with disabilities as defined in the U.S. Department of Education’s Regulations including those who turned 21 during or after the 2022–2023 school term. Further, the settlement agreement required the PDE, within 24 hours, to post online and to send a notice letter via several different means of communication to parents of children with disabilities who turned 21 during the 2022-2023 school year of their potential eligibility to re-enroll.  On August 30, 2023, the PDE also, in accordance with the settlement agreement, immediately revised its Model Policy to reflect the new policy and otherwise followed the terms of the settlement agreement. Importantly, the court noted that the PDE never notified the LEAs before entering into the settlement agreement on August 30, 2023, or before revising its policy, both of which occurred after the LEAs had adopted their budgets and set their taxes on or before June 30 of each year. The court rejected all of the PDE’s arguments in its cross petition, including that there was no actual controversy since the LEAs had yet to implement the new regulation, that the petitioners lacked standing, and that the petitioners failed to exhaust administrative remedies before going directly to the Commonwealth Court. In its ruling in favor of the petitioners, the court noted that the petitioners were not challenging the IDEA and were not skirting any of its legal obligations to provide a FAPE to students with disabilities. Rather, the court noted that the petitioners merely sought to have the court declare whether the PDE could implement and enforce the New Age-Out Plan via the settlement agreement instead of complying with Pennsylvania laws that specifically require certain rulemaking procedures, including providing notice to the public of its proposed rulemaking and an opportunity for the public to comment, along with legislative scrutiny. Without such compliance and a “mere six days’ notice” to comply with the New Age-Out Plan, the PDE put the LEAs in the position of having to provide a FAPE to eligible students until their 22nd birthday with unbudgeted funds and to risk losing federal funding for a failure to comply. Accordingly, the court found that the petitioners had a substantial, direct, immediate interest and imminent harm relative to the implementation of the new regulation, thereby declaring the new regulation unenforceable.  *The PDE has appealed the Commonwealth Court’s ruling invalidating the New Age-Out Plan to the Pennsylvania Supreme Court. This appeal remains pending. The appeal effectively stays the Commonwealth Court’s decision pending the outcome in the Pennsylvania Supreme Court, which means that the New Age-Out Plan remains in full force and effect at this time.    Legal Update for Special Education Law – June 2024 is prepared by Marshall Dennehey to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. We would be pleased to provide such legal assistance as you require on these and other subjects when called upon. ATTORNEY ADVERTISING pursuant to New York RPC 7.1 Copyright © 2024 Marshall Dennehey, all rights reserved. No part of this publication may be reprinted without the express written permission of our firm. For reprints or inquiries, or if you wish to be removed from this mailing list, contact tamontemuro@mdwcg.com.

Firm Highlights

News

106 Marshall Dennehey Attorneys Recognized in the 2027 Editions of The Best Lawyers in America® and the Best Lawyers: Ones to Watch® in America

Marshall Dennehey is proud to highlight the firm’s 106 attorneys who have been recognized in the 2027 editions of The Best Lawyers in America® and the Best Lawyers: Ones to Watch® in America. Less than 6% of all practicing lawyers in the U.S. were selected by their peers for this recognition. Additionally, four of the firm’s attorneys received the Best Lawyers® 2027 “Lawyer of the Year” awards in their respective practice areas and demographic regions. Since it was first published in 1983, Best Lawyers® has become universally regarded as the definitive guide to legal excellence. Best Lawyers lists are compiled based on an exhaustive peer-review evaluation. For more information, please visit https://www.bestlawyers.com/. OUR 2027 LAWYERS OF THE YEAR Harrisburg, PA Christopher Reeser, Personal Injury Litigation - Defendants Kacey Wiedt, Workers Compensation Law - Employers Roseland, NJ Justin F. Johnson, Medical Malpractice Law - Defendants Leonard Leicht, Personal Injury Litigation - Defendants   OUR 2026 BEST LAWYERS IN AMERICA Philadelphia, PA Nicholas D. Bowers, Personal Injury Litigation - Defendants Josh J. T. Byrne, Professional Malpractice Law - Defendants Jefferey J. Chomko, Insurance Law James H. Cole, Insurance Law John J. Delany III, Personal Injury Litigation - Defendants Laurianne Falcone, Personal Injury Litigation - Defendants John P. Gonzales, Employment Law - Management John Hare, Appellate Practice Daniel D. Krebbs, Personal Injury Litigation - Defendants Michele Punturi, Workers' Compensation Law - Employers Bradley D. Remick, Product Liability Litigation - Defendants Andrea Cicero Rock, Workers' Compensation Law - Employers Robin M. Romano, Workers' Compensation Law - Employers Daniel J. Ryan, Jr., Personal Injury Litigation - Defendants Gary M. Samms, Professional Malpractice Law - Defendants Christopher N. Santoro, Personal Injury Litigation – Defendants; Product Liability Litigation -Defendants Josh D. Scheets, Personal Injury Litigation - Defendants Robert P. Schenk, Workers' Compensation Law - Employers Robert E. Smith, Insurance Law Robin Snyder, Litigation - Health Care Michael L. Turner, Commercial Litigation; Criminal Defense: White-Collar; Mass Tort Litigation / Class Actions - Defendants Claire Breaux Ventola, Product Liability Litigation - Defendants Pittsburgh, PA Melissa Devich Cochran, Commercial Litigation; Mass Tort Litigation / Class Actions – Defendants; Product Liability Litigation - Defendants  John F. Deasy, Personal Injury Litigation – Defendants; Product Liability Litigation - Defendants Daniel W. Deitrick, Workers' Compensation Law - Employers Douglas C. LaSota, Litigation - Construction; Mass Tort Litigation / Class Actions - Defendants Joseph V. Lesinski, Product Liability Litigation – Defendants   Christian D. Marquis, Personal Injury Litigation - Defendants Patricia A. Monahan, Insurance Law; Litigation - Insurance Patrick T. Reilly, Commercial Litigation; Mass Tort Litigation / Class Actions – Defendants; Product Liability Litigation - Defendants Brett C. Shear, Medical Malpractice Law - Defendants Teresa O. Sirianni, Education Law; Employment Law – Management; Litigation - Labor and Employment Stuart Sostmann, Product Liability Litigation – Defendants Danielle M. Vugrinovich, Mass Tort Litigation / Class Actions - Defendants Scranton, PA Sarah E. Argo, Litigation - Insurance Michael J. Connolly, Personal Injury Litigation – Defendants; Professional Malpractice Law - Defendants Matthew Keris, Litigation - Health Care; Medical Malpractice Law - Defendants John T. McGrath, Jr., Insurance Law; Medical Malpractice Law – Defendants; Product Liability Litigation - Defendants William J. McPartland, Insurance Law John R. Nealon, Product Liability Litigation - Defendants Victoria Scanlon, Health Care Law; Litigation - Health Care; Medical Malpractice Law - Defendants Michael A. Sebastian, Workers' Compensation Law - Employers Thomas A. Specht, Insurance Law; Litigation - Insurance Suzanne Tighe, Litigation Insurance Harrisburg , PA Casey Alan Coyle, Administrative/Regulatory Law; Appellate Practice; Commercial Litigation Brittany E. Bakshi, Personal Injury Litigation - Defendants Shannon P. Fellin, Workers' Compensation Law - Employers Allison Krupp, Insurance Law John R. Ninosky, Litigation – Insurance; Personal Injury Litigation - Defendants Christopher Reeser, Personal Injury Litigation - Defendants Kacey Wiedt, Workers' Compensation Law – Employers King of Prussia, PA  Michael L. Detweiler, Construction Law Joseph L. Hoynoski III, Medical Malpractice Law - Defendants Gregory J. Kelley, Construction Law, Litigation - Construction Anthony Natale III, Workers' Compensation Law - Employers Francis X. Wickersham, Workers' Compensation Law - Employers A. Judd Woytek, Workers' Compensation Law – Employers Erie, PA Patrick M. Carey, Personal Injury Litigation - Defendants Joel M. Snavely, Health Care Law; Insurance Law New Haven, CT Michael Wrona, Commercial Litigation, Litigation - Bankruptcy  Mount Laurel, NJ David D. Blake, Litigation - Insurance Barbara Davis, Personal Injury Litigation - Defendants Lynne Nahmani, Litigation - Health Care John H. Osorio, Personal Injury Litigation - Defendants John L. Slimm, Legal Malpractice Law – Defendants; Professional Malpractice Law – Defendants Roseland, NJ Robert T. Evers, Medical Malpractice Law - Defendants Justin F. Johnson, Medical Malpractice Law - Defendants Julia Klubenspies, Medical Malpractice Law - Defendants Leonard C. Leicht, Personal Injury Litigation - Defendants Patricia M. McDonagh, Appellate Practice Sunny Sparano, Litigation - Construction Randall S. Watts, Health Care Law New York, NY Tonya M. Lindsey, Medical Malpractice Law - Defendants Tampa, FL Michael Archibald, Personal Injury Litigation - Defendants Lindsay G. McCormick, Litigation – Construction Orlando, FL Thomas F. Brown, Personal Injury Litigation - Defendants Dante C. Rohr, Commercial Litigation Fort Lauderdale, FL Kimberly Kanoff Berman, Appellate Practice Patrick M. Delong, Personal Injury Litigation – Defendants Jacksonville, FL  Heather Byrer Carbone, Workers' Compensation Law - Employers Linda Wagner Farrell, Workers' Compensation Law - Employers Elizabeth B. Ferguson, Litigation - Construction James P. Hanratty, Personal Injury Litigation – Defendants Wilmington, DE Sarah B. Cole, Litigation - Insurance Benjamin K. Durstein, Workers' Compensation Law - Employers Maria R. Granaudo, Medical Malpractice Law - Defendants  Keri L. Morris-Johnston, Workers' Compensation Law - Employers Cincinnati, OH Timothy B. Schenkel, Personal Injury Litigation - Defendants David E. Williamson, Personal Injury Litigation - Defendants Cleveland, OH Vincent E. Cononico, Litigation – Insurance, Personal Injury Litigation - Defendants Jillian L. Dinehart, Personal Injury Litigation - Defendants David J. Fagnilli, Insurance Law Jason P. Ferrante, Health Care Law, Litigation - Health Care Andrew H. Isakoff, Transportation Law Leslie M. Jenny, Litigation - Health Care; Medical Malpractice Law – Defendant OUR 2026 BEST LAWYERS: ONES TO WATCH Jacksonville, FL Sean J. Reeves, Personal Injury Litigation – Defendants; Product Liability Litigation - Defendants Orlando, FL Carolin A. Pacheco, Insurance Law Mount Laurel Stacey Gorin, Insurance Law Melville, NY Kimberly Gitlin, Personal Injury Litigation – Defendants Matthew A. Gray, Insurance Law; Personal Injury Litigation - Defendants Philadelphia, PA Holli K. Archer, Health Care Law; Medical Malpractice Law – Defendants; Professional Malpractice Law Emily Pritchyk, Commercial Litigation; Product Liability Litigation – Defendants Pittsburgh, PA Taylor E. Kosko, Mass Tort Litigation / Class Actions – Defendants; Personal Injury Litigation - Defendants Alana Staniszewski, Workers' Compensation Law - Employers Michael D. Winsko, Product Liability Litigation – Defendants; Transportation Law King of Prussia, PA Richard Lechette, Commercial Litigation; Insurance Law, Personal Injury Litigation – Defendants

Thought Leadership

On the Pulse…Recent Appellate Victories

Kimberly Berman (Fort Lauderdale) and Sontho SaintGermain (Orlando) succeeded in obtaining an affirmance by the Second District Court of Appeal of a final judgment in a slip-and-fall premises liability matter on behalf of a business establishment and property owner. The plaintiff was a business invitee who sued the property owner for negligence after she fell while riding her electric bicycle through its landscaped parking lot. During discovery, the plaintiff claimed the fall occurred while she was traversing through a section “covered heavily in leaves” though she could not identify how she fell nor whether there were any objects or foreign substances causing her fall. The property owner moved for summary judgment, asserting the accumulation of leaves on the parking lot was an open and obvious, naturally occurring condition that could not constitute a dangerous condition to impose liability on a property owner. The court granted summary judgment in the property owner’s favor. After oral argument, the Second District Court affirmed per curiam the final judgment in the property owner’s favor. Carrie Collier v. Cars MTI-4 L.P. d/b/a Lazydays RV Resort, No. 2D2025-1980 (Fla. 2d DCA May 13, 2026). Kimberly House (Philadelphia) succeeded in obtaining a victory in the Superior Court of Pennsylvania that reversed the trial court’s decision and remanded the case for reinstatement of the jury verdict which was originally won by Gary Samms (King of Prussia/Philadelphia). (The underlying medical malpractice case involved claims seeking more than $5 million in damages for serious eye injuries including a detached retina and macular hole.) At trial, the jury returned a defense verdict finding that the defendant’s negligence was not a cause of the plaintiff’s injuries. The trial judge granted the plaintiff’s post-trial motions and ordered a new trial solely on the issue of damages. The Superior Court found that the trial court abused its discretion in finding that causation was not disputed and that the jury’s finding of no causation was against the weight of the evidence. Busanic v. Premier Orthopaedic & Sports Medicine Physical Therapy, 2026 Pa. Super. Unpub. LEXIS 1140 (Pa. Super. Apr. 28, 2026). Suzanne Tighe (Scranton/Philadelphia), Allison Krupp (Harrisburg)  and Christopher Woodward (Harrisburg) succeeded in obtaining an affirmance by the Superior Court of Pennsylvania of a non-jury trial decision in favor of an insurance company. Plaintiffs asserted claims under the Pennsylvania Bad Faith Statute, 42 Pa.C.S. § 8371, following a statutory arbitration award in excess of the available underinsured motorist (UIM) coverage. The trial court held the plaintiffs failed to prove bad faith in the handling of the UIM claim and entered judgment in favor of the insurer. The Superior Court rejected the plaintiffs’ contentions that the trial court misapplied the applicable bad faith law, set forth in Rancosky v. Washington Nat’l Ins. Co. 170 A.3d 364 (Pa. 2017), and affirmed the trial court. The Superior Court further held that plaintiffs’ waived their requests for judgment notwithstanding verdict (JNOV) and new trial by failing to properly preserve these issues at trial and in post-trial motions. Brown v. U.S. Auto. Ass’n, 2026 Pa. Super. Unpub. LEXIS 1393 (May 27, 2026). *Results do not guarantee a similar result.

Thought Leadership

On the Pulse… Profile of the Intellectual Property, Technology & Media Litigation Practice Group

The Intellectual Property, Technology & Media Practice provides comprehensive, end-to-end litigation and counseling services to national and global insurance carriers. We are committed to delivering a disciplined, cost-effective, and creative defense tailored to each client's needs. Our attorneys combine deep litigation experience with technical and scientific backgrounds, enabling us to understand our clients' technologies and effectively communicate complex concepts to adversaries, judges, and juries. We also assist clients with risk management, pre-suit dispute resolution strategies, and, when necessary, the litigation of claims and complaints in courts across all 50 states through trial. In addition, we work closely with our eDiscovery team to address complex issues involving electronically stored information, including data preservation, electronic discovery, computer imaging, and allegations of spoliation. These issues are often critical to the intellectual property and technology matters we handle every day, and our integrated approach helps clients navigate them efficiently and effectively. Our attorneys represent clients in patent infringement, copyright, trademark, and trade secret disputes in the state and federal courts in jurisdictions throughout the United States. Many of our clients also face highly technical professional liability claims involving computer systems, software, cybersecurity, data management, and other technology-related services. We take a proactive approach to managing risk and controlling exposure, working with clients and their insurers to develop effective pre-suit strategies and avoid litigation whenever possible through mediation, settlement conferences, and other alternative dispute resolution methods. When litigation cannot be avoided, we remain steadfast in serving our clients' legal and business objectives, recognizing the significant costs and operational burdens that complex litigation can impose. We work closely with insurance carriers to help protect our clients' brands, intellectual property, and business interests while delivering a thorough and cost-effective defense. We additionally maintain a strong Media Practice. Our attorneys have extensive experience handling First Amendment and media-related disputes, including claims involving defamation, libel, privacy rights, injunctions, gag orders, and prior restraints on speech. Clients benefit from our practical litigation strategies and thoughtful approach to managing matters that often attract significant public attention and scrutiny. With 19 offices throughout Pennsylvania, New Jersey, New York, Delaware, Florida, Ohio, and Connecticut, we maintain a strong presence across the East Coast. We serve as national counsel for insurance carriers and have handled matters throughout the United States, from Hawaii to Washington, and virtually every jurisdiction in between. Our national reputation ensures that our clients receive not just the best skilled legal representation but also practical business-minded guidance in determining the proper legal response to all claims and lawsuits. David chairs both the Privacy and Data Security Practice and the Intellectual Property, Technology and Media Litigation Practice. He may be reached at djshannon@mdwcg.com.

Thought Leadership

On the Pulse…Other Notable Achievements

THOUGHT LEADERSHIP Dana Gittleman (Philadelphia) authored the article, “The Importance of Memorializing Settlement Terms," appearing in the PLUS Blog on April 27, 2026. In the article, Dana discusses a new Pennsylvania Superior Court decision that shows how overlooked or undocumented terms can unravel even routine negotiations, especially when parties have differing expectations or one side is unrepresented. Jordan Mazzoni (Scranton) authored the article, “The Best Defense is Already in the File Documentation in Civil Rights Litigation," published on PLUS Blog on July 27. The article discusses how documentation is an essential defense to public entity & civil rights litigation. SPEAKING ENGAGEMENTS ​John L. Slimm (Mount Laurel) moderated and presented on claims and defenses involving lawsuits against the plaintiffs' bar at the 2026 Legal Malpractice Update for the New Jersey Institute for Continuing Legal Education. The seminar offered practical strategies to prevent ethical grievances and legal malpractice, along with sharing expert insights on issues from electronic payments and fee splitting to the impact of AI. ​Heather Carbone (Jacksonville) was a panelist for a webinar hosted by The Workers’ Compensation Claims Professionals (WCCP) Association. As part of the “Meet the Experts” Series, the speakers addressed “Afterthoughts that Undermine a Successful Mediation,” highlighting the pitfalls and challenges of underprepared or unprepared mediation participants. A. Judd Woytek (King of Prussia) joined a panel at the CLM Alliance (Claims and Litigation Management Alliance) Work Comp Conference in Nashville to present "We See You How Employee Engagement Enhances Work Comp Outcomes." Judd and his fellow panelists discussed the positive impact of employee engagement on claim outcomes, return-to-work timelines, and overall claim costs. ​Joe Lesinski (Pittsburgh), Jim Cole (Philadelphia), Matt Flanagan (New York), and Adam Fogarty (Mt. Laurel) presented several continuing education (CE) programs to claims professionals for our client. The team hosted two one-hour panel discussions on “The Art of Mediation", attended by more than 80 claims professionals. In the afternoon Adam Fogarty and Joe Lesinski presented a CE program on “The Fundamentals of Premises Liability in New Jersey and Pennsylvania" while Matt Flanagan and Jim Cole led a presentation on “Trends in Claims" against attorneys and the evolving issues impacting the legal profession. ​Julia Klubenspies (Roseland) was invited to speak to the 2026 class of incoming resident physicians at The Valley Hospital on ways to reduce the risk of being named in litigation. ​Jon Cross (Philadelphia) and Sara Mazzolla (Roseland) spoke at the 5th Annual ideal3 Summit in Minneapolis on “Information Gathering for New Claims and Prevention of Spoliation." The program explored the ethical and legal obligations surrounding the collection and preservation of evidence once a claim is anticipated. Sara Mazzolla (Roseland) presented at the annual Roller Skating Association Conference on "The Pros and Cons of Waivers in Your Rink," sharing insights on the use of liability waivers as a risk management tool for skating rink operators and discussing considerations that may impact their effectiveness. James Hanratty and Erica Cagan (both of Jacksonville) presented at the Florida Defense Lawyers Association's Florida Liability Claims Conference. Their session, "Supporting the Next Generation: Connecting with Associates," explored communication best practices from the perspectives of both a senior shareholder and a newer associate. Lindsay McCormick (Tampa) was a panelist at the West Coast Casualty Construction Defect Seminar in Anaheim. Lindsay's session, "It May Not Be All Wrapped Up with Your OCIP/CCIP," examined key considerations surrounding Owner-Controlled and Contractor-Controlled Insurance Programs. Attendees gained insight into risk management strategies and coverage issues impacting construction defect litigation and related claims. Gary M. Samms (King of Prussia and Philadelphia) was a featured speaker at the American Legal Connections (ALC) 2026 Seventh Annual Healthcare Symposium in Atlanta, Georgia. Gary joined a panel discussion titled “The Modern Plaintiff Machine.” Designed for medical professional liability defense attorneys, claims professionals, underwriters, carriers, and health system risk executives, the symposium addressed some of the most pressing challenges in today’s healthcare litigation landscape. Josh Byrne (Philadelphia) was a featured panelist at the Philadelphia Bar Association CLE program, "Ethics & Legal Malpractice Avoidance." The program provided a comprehensive overview of strategies for avoiding legal malpractice, including ethical considerations, client communication best practices, and common pitfalls that can lead to malpractice claims. Casey Coyle (Harrisburg and Philadelphia) presented "Recent Civil Law Decisions and Civil Rule Updates" at the Pennsylvania Conference of State Trial Judges in Hershey. The session provided attendees with insights into recent developments in Pennsylvania civil law and examined updates to the rules governing civil practice, helping practitioners stay informed on significant changes affecting litigation and courtroom procedure. PUBLISHED WORKS Josh J.T. Byrne (Philadelphia) and Alesia S. Sulock (Philadelphia) authored the article, “Whither the Private Reprimand," published in The Legal Intelligencer on July 22, 2026. In the article, Josh and Alesia examine the notable absence of private reprimands issued by the Pennsylvania disciplinary authorities in 2025, discussing the important role that informal admonitions and private reprimands have historically played in addressing attorney misconduct and considering what this trend may signal for the future of attorney discipline in Pennsylvania. ​Blake Hood (Jacksonville) authored the article, “Fla. Workers' Comp Physician Dispensing Ruling Could Produce New Legislative Fight," published on August 5 in Insurance Journal . The article discusses Florida's First District Court of Appeal's decision in Publix Super Markets, Inc., et al. v. Department of Financial Services, et al., holding that while injured workers have an absolute right to choose their own pharmacy or pharmacist, that right does not extend to physicians who dispense medications directly to their patients. Kimberly Kanoff Berman and Seth Altman (Fort Lauderdale) authored the article, “A Unified, Single Claim for Damages Requires Apportionment in a Joint Proposal: What the Decision in 'Trace Elements' Means for Property Insurance Claims,” published on August 6 in the Daily Business Review. The article analyzes the Florida Supreme Court's decision in Trace Elements v. MacKensen and examines its implications for property insurance claims in Florida, particularly regarding the apportionment of damages in joint settlement proposals. RECOGNITION Tiere Phillips (Pittsburgh) was elected to the Allegheny County Bar Association’s Judicial Committee for a Diverse Seat. As one of only three attorneys elected to this role, Tiere will help ensure fairness and equality in representation during judicial evaluations and recommendations for election and reelection in Allegheny County. Steven A. Johnston (Roseland) received the “Pride of Essex County Award” at the 2026 Essex County LGBTQ+ Pride Celebration on June 17 at the Essex County Martin Luther King, Jr. Justice Building in Newark. Hosted in conjunction with the Essex County Office of LGBTQ+ Affairs and the Essex County Lesbian, Gay, Bisexual, Transgender and Questioning Advisory Board, Steven was recognized for his service to the community and his support of equality for members of the LGBTQ+ community. Jason Banonis (King of Prussia) was honored with the Pennsylvania Defense Institute’s 2026 Attorney of the Year Award at the organization’s annual conference.  A longtime leader and contributor to the organization, Jason was recognized for his dedication and service.